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Contract Terms and Instructions

071-A1-AUTOMOBILES AND LAW ENFORCEMENT VEHICLES

Start Date: 04/2011

End Date: 08/2016

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO: 071-A1
    FLEET AUTOMOBILES AND LAW ENFORCEMENT VEHICLES

    NIGP CODES:

    071-04 071-80 071-92
    071-05 071-90

    For State Agencies: PCC Code A

  2. HOW TO ORDER:

    Enter requisition(s) into the TxSmartBuy on-line ordering system following instructions outlined below. Only purchase orders issued through TxSmartBuy are eligible for contract pricing.

    The Contractor agrees not to ship any vehicle until issuance of a Purchase Order through TxSmartBuy by the State Agency, Higher Education, or Cooperative member.

    TRADE-IN VEHICLES: Customers are not authorized to trade in vehicles under this contract.

    This contract consists of tiered awards for each vehicle series:

    • Primary
    • Secondary
    • Tertiary
    • 4TH level
    • 5TH Level
    • 6th Level
    • 7TH Level
    • 8TH Level

    ORDERING SAME VEHICLE SERIES WITH DIFFERENT OPTIONS: Customers requiring more than one (1) vehicle of any series to be equipped with different options, it is recommended that separate purchase orders be entered into TxSmartBuy.

    Customers should order through the primary contractor.

    Prior to entering an order through TxSmartBuy from other than primary contractor, the Customer is required to submit a justification in writing and e-mail to the Strategic Sourcing contact, Charlene Rendon: E-mail Charlene.Rendon@cpa.state.tx.us

    The explanation should identify in detail why the primary contractor does not meet the customer's operational requirements. The request will be reviewed and a response will be processed within two (2) business days from date of receipt.

    Orders entered into TxSmartBuy for other than primary will be placed on automatic hold by the TxSmartBuy system. The Strategic Sourcing contact will review and confirm receipt of the justification from the customer.

    Customer’s orders shall remain on hold, until the justification submitted is reviewed and approved or disapproved. The Strategic Sourcing contact will respond in writing on their decision via e-mail. If the customer disagrees with the Strategic Sourcing decision, they may contact the Strategic Sourcing contact for further discussions.

    The Customer will notify the Strategic Sourcing contact immediately if a primary contractor is unable to provide any vehicle or option under this contract.

  3. VEHICLE SPECIFICATIONS:

    This contract is established by a Vehicle Series number outlined in the Texas Fleet Specification No. 071-072-AT-2013/2014. Each vehicle series lists the make and model and all minimum equipment required by the State. The Texas Fleet Specification is referenced throughout these instructions and can be accessed at the link listed below: TEXAS FLEET SPECIFICATION NO. 071-072-AT-2013/2014 (PDF)

  4. COLORS: Base prices include the manufacturer's standard solid colors. Customers should contact the Contractor for available colors and shades. The color must be specified by the Customer at the ordering time.
  5. CATALOG ITEMS - OPTIONS:

    Catalog items - Options must be ordered through TxSmartBuy system by entering the item information in the “Add Quotes or Charges to a Purchase Order” on the requisition.

    Any option which is not part of the Texas Standard Equipment including the ones offered by the Contractor at “no cost” must be entered into the system.

    This contract is intended to cover the State's normal requirements for fleet vehicles with options that have historical usage and to offer best value for vehicles with options. Items/options that are not specifically listed in this contract may be purchased from the manufacturer's catalog provided by the Contractor. The Contract price for the catalog items offered by each awarded contractor can be found by going to the Contractor’s link shown below:

    CONTRACTOR CATALOG ITEMS:
    CALDWELL COUNTRY CHEVROLET (XLS)
    CALDWELL COUNTRY FORD (XLS)
    DALLAS DODGE (XLS)
    FORT WORTH FREIGHTLINER (XLS)
    FORT WORTH FREIGHTLINER WESTERN STAR (XLS)
    FRIENDLY CHEVROLET (XLS)
    GRANDE TRUCK CENTER (XLS)
    JOHNSON GRAYSON CHEVROLET (XLS)
    JOHNSON WHITESBORO FORD (XLS)
    MEADOR DODGE CHRYSLER JEEP (XLS)
    McKINNEY DODGE (XLS)
    RELIABLE CHEVROLET (XLS)
    SAM PACKS FIVE STAR FORD (XLS)
    AUSTIN FREIGHTLINER
    GRIFFITH FORD
    GUNN CHEVY
    LONGHORN INTERNATIONAL
    MCDAVID NISSAN
    RELIABLE CHEVROLET CODE 3
    RELIABLE CHEVROLET PSE
    SILLSBEE FORD
    SILSBEE TOYOTA
    VANGUARD
    VED HERITAGE

    NOTE: Discount-from-Catalog is a percentage (%) discount deducted from the manufacturer's suggested or list price (MSRP). The discount must be for all items available for purchase in the manufacturer's catalog.

  6. MANUFACTURER’S BUILD OUT SCHEDULE

    The vehicle manufacturers publish build out schedules for the vehicles listed under this Contract. The order cut-off dates for the current model year and the order start dates for the upcoming model year are listed in this schedule. Please note that if a model is being discontinued by the manufacturer, the build out schedule will show no order start date for the upcoming model year. CPA will remove all line items related to the discontinued model soon after the build out date has passed. The build out schedule submitted by the manufacturers can be found by going to each manufacturer’s link shown below:

    MANUFACTURER’S BUILD OUT SCHEDULES:

    AMERICAN HONDA (PDF)
    CHRYSLER CORP (PDF)
    FORD MOTOR COMPANY (PDF)
    GM BUILD-OUT SCHEDULE (PDF)
    NISSAN BUILD-OUT SCHEDULE (PDF)

  7. STATE AGENCY REQUIREMENTS

    Effective September 1, 2007, Texas Govt. Code 2158.009 requires that state agencies shall purchase a certain percentage of low-emissions passenger vehicles based on its total vehicle purchases during any state fiscal biennium.

    Govt Code 2158.009, LOW –EMISSIONS VEHICLES PURCHASING REQUIREMENT(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7, eff. September 1, 2009.

    (b) A state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall ensure that not less than 25 percent of the vehicles the agency purchases during any state fiscal biennium, other than vehicles the purchase of which is exempted from this subsection by Subsection (c) or (d), are vehicles that meet or exceed the emissions standards necessary to be rated by the United States Environmental Protection Agency as a Tier II, Bin 3, emissions standard vehicle that has a greenhouse gas score of eight under regulations of that agency as they existed September 1, 2007.

    (c) A state agency is exempt from Subsection (b) to the extent that a vehicle described by that subsection that meets the agency's operational needs is not commercially available.

    (d) Subsection (b) does not apply to a state agency's purchase of a vehicle to be used by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, whose duties include the apprehension of persons for violation of a criminal law of this state.

    FOR STATE AGENCY CUSTOMERS: Texas Fleet Management program requires that the State Agency’s procurement file must be documented with one of the following clauses:

    • This agency operates 15 or less motor vehicles, excluding law enforcement or emergency vehicles, and is not subject to alternative fuel requirements.
    • This agency operates more than 15 vehicles, excluding law enforcement or emergency vehicles. This purchase is for an alternative fuel vehicle.
    • This agency operates more than 15 vehicles, excluding law enforcement or emergency vehicles. This purchase is for a vehicle that will be converted to alternative fuel prior to being placed in service.
    • This agency operates more than 15 vehicles, excluding law enforcement or emergency vehicles. This purchase is for a law enforcement or emergency vehicle.
    • A valid, current waiver, number is on file with the Comptroller of Public Accounts (CPA) for this vehicle.
    • This agency is exempt from Texas Government Code, Chapter 2158, and Section 2158.009, Subsection (b) to the extent that a vehicle described by that subsection is either not commercially available or the primary vendor does not meet the agency's operating requirements. A detailed written justification must be included in the procurement file which is subject to audit.
  8. TERM OF CONTRACT: September 1, 2013 through August 31, 2016

    RENEWAL OPTIONS: 1st Renewal Period: September 1, 2016 - August 31, 2017
    2nd Renewal Period: September 1, 2017 - August 31, 2018

  9. DELIVERY: The delivery schedule shown below is based upon the type of the vehicle being ordered and can be referenced in Texas Fleet Specification, Section A.5

    CALENDAR DAYS DELIVERYAFTER RECEIPT OF ORDER:

    120 days 150 days 180 days
    General Purpose Automobiles Special Purpose Automobiles (LE) Light and Medium Duty Chassis with Optional Bodies
    Carryalls, Utility Vehicles , Cargo Vans OEM Alternative Fuel Vehicles
    Passenger Vans, Light duty
    Light Duty and Crew Cab Trucks
    Light and Medium Duty Chassis with No Bodies

    LATE DELIVERY FEE: The ordering entity will have the option to charge the vendor a fee of $50 per vehicle per day for late delivery. Late fee applies ONLY when vendor has not requested and received PRIOR WRITTEN approval from the ordering entity, to make delivery after the number of days established by the contract or the purchase.

    NOTE: Providing vehicle(s) which do not meet all specification requirements does not constitute delivery, and the late fee will continue to accrue until the vendor delivers vehicles in full compliance with the specifications to the ordering entity’s FOB point.

    The ordering entity will have the option to deduct any accumulated late delivery fees prior to payment of the invoice. All late deliveries shall be recorded in Vendor Performance Tracking System (VPTS) by the Customer and the Contractor shall be required to submit a corrective action plan to CPA. (Refer to Section M of these instructions.

  10. DELIVERY/INSPECTION INFORMATION: All shipping shall be F.O.B. destination freight prepaid and allowed. Normal delivery time for most customers is Monday through Friday, 8:00 a.m. through 4:00 p.m. (CT) except for State and/or Federal Holidays. Delivery destinations will be indicated on each purchase order.

    VEHICLE INSPECTION (Reference Specification 071-072-AT-2013/2014): The contractor shall have each vehicle (except cab and chassis units delivered without bodies) properly inspected in compliance with Texas motor vehicle laws. Texas Inspection Sticker shall be attached prior to delivery to the receiving entity (2 year Inspection Sticker for vehicles through ¾ ton pickups and 1 year Inspection Sticker for 1 ton trucks and up, excluding cab and chassis units delivered without bodies).

    PRE-DELIVERY SERVICE (Reference Specification 071-072-AT-2013/2014):

    • All fluid levels checked and maintained with the proper grade and type of fluids
    • Pre-delivery inspection and service on chassis
    • The interior and exterior shall be cleaned and freshly washed at time of delivery.
    • A minimum of ¼ tank must show on the fuel gauge when delivered.
  11. WARRANTY: Unless the Customer has purchased an extended warranty, the warranty shall be in accordance with the Texas Fleet Specification, Section A.12.
  12. SUBSTITUTIONS: During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CMO in coordination with the Customer. The Contractor must have written confirmation from the CMO of the substitution before making delivery.
  13. CPA CONTRACT MANAGEMENT (CMO): Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    Contract Management Office (CMO)
    Texas Comptroller of Public Accounts (CPA)
    E-mail:tpass_cmo@cpa.state.tx.us

  14. STRATEGIC SOURCING CONTACT: Questions concerning technical specifications should be directed to:

    Charlene Rendon
    512-463-3653
    charlene.rendon@cpa.state.tx.us

  15. ADDING NEW VEHICLES/OPTIONS TO THE CONTRACT: Following the contract award, additional products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. Customers are encouraged to request additional items by contacting the contract manager listed in Section J. A formal written request may be sent by CPA to the Contractor and other successful Respondents to quote on the proposed additional products.
  16. CONTRACTOR PERFORMANCE:

    The Comptroller of Public Accounts (CPA) administers a vendor performance program for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Program relies on the ordering entity's participation in gathering information on vendor performance. Ordering Entities shall report vendor performance on purchases over $25,000 from contracts administered by the commission or any other purchase over $25,000 made through delegated authority granted by CPA (TAC 20.108). Agencies are additionally encouraged to report vendor performance on purchases under $25,000.

    Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.

    The purpose of the Vendor Performance Tracking System is to:

    • Identify vendors that have exceptional performance.
    • Aid purchasers in making a best value determination based on vendor past performance.
    • Protect the state from vendors with unethical business practices.
    • Provide performance scores in four measurable categories for the CMBL vendors.
    • Track vendor performance for delegated and exempt purchases.
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